כ"ו טבת תשע “ ו Thursday, January 7 2016 

גיטין כ “ ה OVERVIEW of the Daf Distictive INSIGHT ?Yes or No — ברירה (.Disqualification from a kohen (cont (1 איתיביה האומר לבניו הריני שוחט את הפסח על מי שיעלה מכם ראשון Zeiri disagrees with Rav and Shmuel and maintains that none of the gittin mentioned in the disqualify a wom- an from marrying a kohen except for the last case. R’ Assi con- T he Gemara had determined that the final case in the Mish- we do not say that an — אין ברירה curs with this position. nah teaches that we say R’ Yochanan asserts that even the last case does not disqual- undetermined fact can be retroactively defined when it later ify a woman from marrying a kohen, and the Gemara explains becomes resolved. how R’ Yochanan’s position is consistent with his position on Rav Hoshaya asked Rav Yehuda how this can be reconciled other matters. with a Mishnah in (89a) which seems to teach the The necessity for R’ Yochanan’s two rulings is explained. reverse. A father slaughtered an animal for a Korban Pesach. Instead of declaring specifically whom from among his children he included to join him in this Korban, he announced that for the sake of this woman גט Writing a (2 R’ Hoshaya asked R’ Yehudah whether the principle of ret- whichever child would arrive in Yerushalayim first would be the works for gittin. winners. The halacha is that whichever child later arrives in ( ברירה ) roactive clarification R’ Yehudah answered that the principle does not apply. Yerushalayim first is the winner. As presented, the only way we R’ Hoshaya unsuccessfully challenges this position. can say that this is the child the father had in mind when he . ברירה Our Mishnah is cited to support the interpretation of the earlier slaughtered his Korban is if we use the concept of Baraisa R’ Yehudah presented in the name of R’ Yochanan. This is the reverse of the conclusion from our Mishnah in Git- Another Baraisa is cited as proof to R’ Yochanan’s interpre- tin. tation of the Mishnah. The Gemara answers that the actual case in Pesachim is Abaye notes that R’ Hoshaya and R’ Yehudah are discuss- where the father had all his children in mind at the moment and he issued the challenge to hurry to , שחיטה is when he did the ברירה ing different cases (i.e. whether there is a difference if subject to one’s own decision or whether it is subject to the de- Yerushalayim only as a manner to encourage his children to ברירה cision of others). hurry to the mitzvah. There is no need for the device of Rava suggests that conceptually the cases may be treated the in that case. same. Pnei Yehoshua notes that the Gemara knew of several but it chose , יש ברירה R’ Mesharshiya cites the opinion of R’ Yehudah who distin- sources from Mishnayos which indicate and , סתם משנה to ask from the case in Pesachim because it is a . ברירה guishes between the different types of R’ Mesharshiya cites the opinion of R’ Shimon who also the halacha rules in accordance with that case. In addition, the  Gemara chose not to ask from the Mishnah in D’mai which . ברירה makes a distinction between different types of where one may designate teruma from) יש ברירה also indicates the beverage he wants to drink, although the designation will only refer to the amount which will remain at the end), as that should work based upon the person’s ברירה REVIEW and Remember case teaches that whereas we wish to compare ,( תולה בדעת עצמו ) own actions which depend upon the actions of others and ברירה What is the significance that brothers dividing their fa- cases of .1 ther’s estate are considered purchasers? how it affects a later result. Both the case of Rav Yehuda in our ______Gemara (which wife will come through the door first) and the 2. Is there a difference whether dependent upon oneself or case in Pesachim (which child will arrive in Yerushalayim first) אין others? are cases which depend upon others, and yet here we say . יש ברירה while the case in Pesachim seems to rule , ברירה ______3. How is it possible to make the necessary separations from The cases in our Gemara and that of Pesachim also share in the writing) לשמה if there are no other utensils common the need for something to be done כותי wine bought from a and the inclusion of a person in a particular Korban גט available? of a ______Pesach). This is why the Gemara chose to compare these cases, that is rather than other Mishnayos which feature the concept of גט What is the status of a woman who received a .4  . ברירה to take effect retroactively to now when the husband dies? ______Today’s Daf Digest is dedicated לעלוי נשמת מרים חנה בת הרב אלכסנדר סנדר By her family גיטין כ “ ה — Number 1254 Teshuvas Avnei Tzedek 5 where he writes that a woman is not obligated to honor her parents if it infringes on matters related , Teshuvas Lishmah 6 .( גופה ונפשה ) HALACHAH Highlight to her body or soul Marrying against the wishes of a parent however, has a different perspective on the matter. He writes that if a woman wants to marry so that she can have children הריני בועליך על מנת שירצה אבא and her ( לא תהו בראה לשבת יצרה ) I am having relations [for ] on the condition that my father and populate the world agrees to the marriage father does not want her to marry she is obligated to comply with her father’s wishes. The reason is that a woman is not 1 R ema rules that a son is not required to listen to his fa- obligated, even Rabbinically, in the mitzvah of procreation. ther if his father protests his choice of a wife. In his work Although a woman who has children is certainly rewarded for 2 Teshuvas Meishiv Davar , Rav Naftali Tzvi Yehudah Berlin, the mitzvah, nonetheless, since it is not obligatory, she must the Netziv, limits this ruling to a circumstance where the put that voluntary mitzvah aside for the Biblical obligation of man’s choice for a wife will not cause disgrace or distress to his honoring her father. If, however, she offers reasons other than father. If, however, the choice of a wife will disgrace or dis- procreation for wanting to marry it is possible that those rea- tress his father it is prohibited for the son to marry that wom- sons will allow her to disregard her father’s restriction against 3 an. Rav Shmuel Halevi Wosner , the Shevet Halevi, writes her marrying.  1 . רמ"א יו"ד סי' ר"מ סע' כ"ה. that when questions like this are presented to him he delays 2 . שו"ת משיב דבר ח"ב סי' נ'. responding to the inquiry hoping that with time the son will 3 . שו"ת שבט הלוי ח"ב סי' קי"א אות י"ז. see that his father is correct with regards to his concern for the 4 . שו"ת נודע ביהודה מהדו"ת אה"ע סי' מ"ה. 5 . שו"ת אבני צדק יו"ד סי' צ"ט. honor of the family even though, technically, the son has the 6 . שו"ת תורה לשמה סי' רס"ו. right to marry the woman of his choice.  Noda B’Yehudah 4 writes that it is obvious that there is no difference between a son and a daughter for this halacha and a daughter is not required to listen to her father if he protests against her choice of a husband. This ruling is echoed by and he ברירה The young man was immediately condition on wine is STORIES Off the Daf struck by a problem: should he intend to should not have done it? fulfill his obligation by hearing his host’s When discussing this question, the A Doubtful Kiddush kiddush or not? If there was enough Chazon Nachum, zt”l, ruled that it is Ramban in Gittin“ . לכתחילה wine and he had intended to fulfill his permitted "אלמא אין ברירה..." is relevant only in a ברירה obligation, he would lose the opportuni- explains that S ome people enjoy making kiddush ty to make his own kiddush later. But if situation where there are two actions. If for themselves, while others prefer to it turned out that there was not enough there is only one action it is no problem. hear it from someone else. When there wine and he thought to exclude himself For example, one who says: ‘If a is not enough wine, there is no choice. so that he could make kiddush later, chochom comes to the west, my eiruv on Even if more people would prefer to how would he fulfill his obligation? He that side will take effect, and if a make their own kiddush, some will just thought about this as his host sang Sha- chochom comes to the east, my eiruv on have to compromise on their preference. lom Aleichem and was struck with what that side will take effect.” Once, a certain young man who was appeared on the surface to be the perfect But if one merely says, “If a a member of a community in which eve- solution: he would hear his host’s kid- chochom comes to the east, my eiruv on ryone tried to make his own kiddush dush but would make a stipulation that that side will take effect, but if not I will had a problem. He was a guest leil Shab- the kiddush discharge his obligation only have my regular eiruv, this is permitted bos, and when he asked his host if he if there was not enough wine for him to according to everyone in all situations.” could make his own kiddush, the host make his own kiddush. That way, if He concluded, “In this case too, replied that he was unsure if there was there was wine, he would make kiddush there is only one action, so it is permit- enough wine. “I will figure out whether and if not, he was covered by his host’s. ted according to everyone in all situa- it is possible after I make kiddush, since When this the young man was learn- tions.” 1   1 שו"ת חזון נחום, סימן ל"ב he , ברירה I don’t want the other guests to have to ing Gittin 25 which discusses wait.” started to have doubts; perhaps making a

Daf Digest is published by the Chicago Center for Torah and Chesed, under the leadership of HaRav Yehoshua Eichenstein, shlit”a HaRav Pinchas Eichenstein, Nasi; HoRav Zalmen L. Eichenstein, Rov ;Rabbi Tzvi Bider, Executive Director, edited by Rabbi Ben - Zion Rand. Daf Yomi Digest has been made possible through the generosity of Mr. & Mrs. Dennis Ruben.